PNC and PND questions

Nicola Narka made this Rhyddid Gwybodaeth request to Home Office

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn llwyddiannus.

Dear Home Office,

1. When Will the new LEDS system go live with the result that the PNC and PND become totally obsolete?

2. What will the retention period be for nominal records on LEDS in light of the Home Office Privacy Impact report of 2 July 2018?

3. Will soft intelligence currently on local force systems (I.e. Witness, victim and crime information which did not lead to a conviction) be transposed onto the system as part of a single “nominal record”? Or will that data be deleted with the result that only soft data created after LEDS goes live will go on LEDS? will soft information be considered to form part of one’s criminal record or not (as is the case with NFAs etc. on PNC)?

4. Will someone who does not have a PNC nominal record but who has data held about them on local force systems have a nominal record created for them on LEDS?

5. Will non-police organisations have routine access to LEDS (as is currently not the case with the PNC) or will they still need to ask their local police force to conduct PNC enquiries/creations/amendments etc. for them?

6. Do the security services have to provide justifications for all enquiries they make on PNC or do they get special treatment because of who they are?

7. Can magistrates, judges or the CPS and other court staff access the PNC?

8. how does a bad character application process operate? I.e. What process is involved in court proceedings whereby conviction and caution data in relation to a defendant’s antecedents on the PNC is applied for and brought to the attention of the court?

9. Private Prosecutions do not usually attract police or CPS involvement. Therefore, how do convictions get entered onto the PNC? how do fingerprints and DNA get recorded as well? does an acquittal also get recorded onto the PNC following such a prosecution?

Yours faithfully,
Nicola Narka

FOI Requests, Home Office

We will endeavour to respond to your FoI request within 20 working days as
required under Freedom of Information Act 2000

dangos adrannau a ddyfynnir

FOI Requests, Home Office

Dear Nicola Narka,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 59345). We will aim to send you a full response by 31/07/2020 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

N McKenzie
Home Office

dangos adrannau a ddyfynnir

FOI Responses, Home Office

1 Atodiad

Dear Ms Nicola Narka,

 

Please find attached response to your Freedom of Information request dated
2 July 2020.

 

Please note we are sending this to you by e-mail only.

 

Information Rights Team

Home Office

Third Floor, Peel Building

2 Marsham Street

London SW1P 4DF

e-mail: [1][email address]

 

dangos adrannau a ddyfynnir

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Dear Home Office,

Thank you for your very comprehensive answers, most of which have been helpful.

However, I do have some further questions:

(1) Your description of the 100 year old rule is not accurate. The police keep PNC nominal records until someone is 100 years old, not just for serious offences, but also for minor offences as long as they are recordable, in accordance with the ACPO retention policy. Am I correct with this assertion or am I mistaken?

(2) Will PNC nominal records which contain details of a person who has only been arrested but not charged I.e. NFA’d still be placed on LEDS or will this be weeded due to the fact that it is not a criminal record?

(3) In light of the Protection of Freedoms Act 2012, the Court of Appeal decision in R (QSA, Broadfoot & ARB) v Secretary of State for Justice and Secretary of State for the Home Department [2020], which held that keeping a conviction until someone is 100 years old is arguably a breach of a subject’s Article 8 ECHR rights and that this case will be remitted to the High Court to consider, are there any plans to change the 100 year old policy or early record deletion process to be more fair and allow people with NFA, caution, conditional discharge and minor convictions etc. The chance to be forgotten? WHY ON EARTH ARE PNC RECORDS EVEN FOR NFA DISPOSALS AND NOTHING ELSE RETAINED UNTIL A PERSON IS 100?? SURELY THIS IS EXCESSIVE AS it cannot be used as evidence of bad character in court.

(4) Please could you provide the most recent and up to date PNC user manual?

(5) What does the PNC PHOENIX names file display look like on a computer screen? I.e. what colour is the background, text etc. do the layout and style of text and information on PNC print outs look the same as what it appears on screen? Could you disclose a screenshot of a demo/fictitious example of a names file?

(6) How will the LEDS display screen look? is there a draft user manual for LEDS? will searching names files on LEDS be done in the same way as on PNC or will it be different?

(7) There are police officers who are on the PNC themselves. Data protection legislation and common law dictates that they must only look at data for a policing purpose but can they search themselves on the system, for instance to laugh at how silly they were when they were younger? If not, would the chief Constable be able to search their own PNC record if they had one?

(8) what happens if someone is 100 years old or over and is convicted of a recordable offence? Does this still go on PNC?
Yours faithfully,

Nicola Narka

FOI Requests, Home Office

We will endeavour to respond to your FoI request within 20 working days as
required under Freedom of Information Act 2000

dangos adrannau a ddyfynnir

FOI Requests, Home Office

Ms Narka,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 59610). We will aim to send you a full response by 24/08/2020 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

P. Zebedee
FOI Requests
Home Office

dangos adrannau a ddyfynnir

Dear FOI Requests,

Do you have an update on this one?

Yours sincerely,
Nicola Narka

FOI Requests, Home Office

Thank you for contacting the Home Office  Freedom of Information Requests
Mailbox.

This is to acknowledge  receipt of your email.

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FOI Responses, Home Office

1 Atodiad

Dear Nicola Narka,

Please see attached.

FOI Requests
Home Office

dangos adrannau a ddyfynnir

Dear Home Office,

Can you at least disclose the questions which are not exempt first?

Yours faithfully,

Nicola Narka

FOI Requests, Home Office

Thank you for contacting the Home Office  Freedom of Information Requests
Mailbox.

This is to acknowledge  receipt of your email.

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FOI Responses, Home Office

Dear Nicola Narka,

I am informed by the business area dealing with your request that they sent you a Public Interest Test Extension letter stating that they would provide a full response to the FOI by 21 September.

I am afraid therefore they are not obliged to respond to any part of the request until then.

Kind regards,

N McKenzie
Home Office

dangos adrannau a ddyfynnir

Dear Home Office,

I have been informed that I would receive a full response by 21 September 2020.

I can confirm that I have had no such response as of today 24 October 2020.

Please therefore respond to my request as a matter of urgency as you are now breaking the law by breaching the statutory deadline.

Yours faithfully,

Nicola Narka

FOI Requests, Home Office

Thank you for contacting the Home Office  Freedom of Information Requests
Mailbox.

This is to acknowledge  receipt of your email.

dangos adrannau a ddyfynnir

FOI Responses, Home Office

Dear Nicola Narka,

Thank you for your email. We apologise for the delay in responding to your FOI request. Your case is currently under active consideration and we will issue a response as soon as possible.

Kind regards,

Information Rights Team
Home Office
Third Floor, Peel Building
2 Marsham Street
London SW1P 4DF
e-mail: [email address]

dangos adrannau a ddyfynnir

FOI Responses, Home Office

2 Atodiad

Dear Nicola Narka,

 

Please find attached response and annex information to your Freedom of
Information request dated 24 July 2020.

 

Please note we are sending this to you by e-mail only.

 

Information Rights Team

Home Office

Third Floor, Peel Building

2 Marsham Street

London SW1P 4DF

e-mail: [1][email address]

 

dangos adrannau a ddyfynnir

References

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1. mailto:[email address]